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WYO. NAT. ABORT. RIGHTS ACT. v. KARPAN

Nos. 94-8, 94-9.

883 P.2d 382 (1994)

WYOMING NATIONAL ABORTION RIGHTS ACTION LEAGUE; Wyoming National Organization for Women; Jane Courage; Dr. Brent A. Blue; Dr. Jacques Roux; Sharon Breitweiser; Rebecca L. Archer; Lori Bowdler; and Rev. Warren Murphy, Appellants (Plaintiffs), v. Kathy KARPAN, Secretary of State, State of Wyoming; Unseen Hands Prayer Circle Political Action Committee; Kathy Helling; Richard R. Larson; and Alan C. Stauffer, Appellees (Defendants). PLANNED PARENTHOOD OF WYOMING; Campbell County Voices for Choice; Carbon County Coalition for Choice; Converse County Coalition for Choice; Fremont County Pro-Choice Network; Teton County Coalition for Choice; and Cindy Chace, Appellants (Plaintiffs), v. Kathy KARPAN, Secretary of State, State of Wyoming, Appellee (Defendant).

Supreme Court of Wyoming.

October 31, 1994.

Attorney(s) appearing for the Case

Kate M. Fox of Burgess, Davis & Cannon, Cheyenne, Kathryn Kolbert and Simon Heller, The Center for Reproductive Law & Policy, New York City, for appellant Wyoming Nat. Abortion Rights Action League.

Robert M. Shively of Murane & Bostwick, Casper, Roger Evans and Carole Chervin, Planned Parenthood Federation of America, New York City, for appellant Planned Parenthood of Wyoming.

Joseph B. Meyer, Atty. Gen., Michael L. Hubbard, Sr. Asst. Atty. Gen., Rowena L. Heckert, Sr. Asst. Atty. Gen., for appellee Kathy Karpan, Secretary of State, State of Wyo.

Richard H. Honaker of Honaker, Hampton & Newman, Rock Springs, for appellee Unseen Hands Prayer Circle Political Action Committee, Richard R. Larson, and Alan C. Stauffer.

Richard L. Williams and Barry G. Williams of Williams, Porter, Day & Neville, Casper, for appellee Kathy Helling.

Before GOLDEN, C.J., THOMAS, MACY and TAYLOR, JJ., and CARDINE, J. (Retired).

For Majority Opinion See 881 P.2d 281.

CARDINE, Justice, Retired, dissenting.

I agree with the law and statements of the court in this opinion in all respects save one. I cannot agree that an initiative, unconstitutional in all its provisions except a minor and insignificant part, and having a clear purpose and thrust that is unconstitutional, can be forced upon the ballot at great expense only to later be declared unconstitutional...

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